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By: Perry (Senate Sponsor - Duncan) |
H.B. No. 2722 |
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(In the Senate - Received from the House May 16, 2011; |
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May 16, 2011, read first time and referred to Committee on Health |
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and Human Services; May 20, 2011, reported favorably by the |
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following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the state Medicaid program as the payor of last resort. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.04242 to read as follows: |
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Sec. 32.04242. PAYOR OF LAST RESORT. The executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to ensure, to the extent allowed by federal law, that |
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the Medicaid program: |
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(1) is the payor of last resort; and |
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(2) provides reimbursement for services, including |
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long-term care services, only if, and to the extent, other adequate |
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public or private sources of payment are not available. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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* * * * * |